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HomeMy WebLinkAboutCC Minutes 1992-06-01SRCC MINUTES (Regular) 6/1/92 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 1, 1992, AT 7:00 PM CLOSED SESSION 1. Discussion of Litigation. No Closed Session was held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 1, 1992, AT 7:30 PM Regular Meeting: San Rafael City Council Councilmember Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, Councilmember Michael A. Shippey, Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager (arrived @ 8:55 PM) Gary T. Ragghianti, City Attorney Suzanne M. Drake, Deputy City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE I. TRAFFIC PROBLEM IN GERSTLE PARK NEIGHBORHOOD - File 11-1 x 163 x 2-1- 11 Sandy Lollini, President of Gerstle Park Neighborhood Association, requested Council pull the current staff report which was submitted for this meeting. She felt it was not adequate for the problem and showed the Council a 45 page report which she felt would save the City money and resolve the traffic problems in their neighborhood. She stated she would continue to bring this to the attention of the Council until something was done to resolve this problem in a way acceptable to the Neighborhood Association. CONSENT CALENDAR Councilmember Cohen moved and Councilmember Breiner seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Meeting of May 5, Approved as submitted. 1992 (CC) 3. Report on Annual Filings - Fair Political Practices Accepted report. Commission Forms 730, Statements of Economic Interests for Designated Employees, Including Consultants (CC) - File 9-4-3 4. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1615 Approved final adoption - AN ORDINANCE AMENDING TITLE 2 OF THE SAN RAFAEL MUNI- of Ordinance No. 1615. CIPAL CODE TO ADD CHAPTER 2.50 TO PROVIDE FOR RECOVERY OF COSTS RELATED TO ADMINISTRATIVE PROCESSING AND ENFORCEMENT OF CODE AND ZONING VIOLATIONS AND TO ADD SECTIONS 2.50.010, 2.50.020, 2.50.030 AND 2.50.040 (PW) - File 13-8 x 10-3 x 10-6 x 9-3-32 x 9-3-40 5. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1616 Approved final adoption - AN ORDINANCE AMENDING TITLE 2 OF THE SAN RAFAEL MUNI- of Ordinance No. 1616. CIPAL CODE TO AMEND CHAPTER 2.36 PROVIDING ARREST SRCC MINUTES (Regular) 6/1/92 Page 1 SRCC MINUTES (Regular) 6/1/92 Page 2 AUTHORITY OF DIRECTOR OF PUBLIC WORKS, CODE ENFORCEMENT OFFICER, SENIOR LAND DEVELOPMENT ENGINEER, SUPERVISING BUILDING INSPECTOR AND OTHER CITY EMPLOYEES AS THE CITY MANAGER MAY DIRECT (PW) - File 13-8 x 10-3 x 10-6 x 9-3-32 x 9-3-40 6. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1617 final adoption - ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 No. 1617. OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMEND- ING AND ADOPTING CHAPTER 12.12 "UNIFORM BUILDING CODE" (1991 ED.), "UNIFORM BUILDING CODE STANDARDS" (1991 ED.), CHAPTER 12.14 "UNIFORM MECHANICAL CODE" (1991 ED.), CHAPTER 12.16 "UNIFORM PLUMBING CODE" (1991 ED.), CHAPTER 12.26 "UNIFORM HOUSING CODE" (1991 ED.), CHAPTER 12.32 "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE" (1991 ED.), AND CHAPTER 12.38 "UNIFORM SOLAR ENERGY CODE" (1991 ED.) (PW) - File 1-6-1 x 1-6-3 x 1-6-5 x 1-6-6 x 1-6-7 x 1-6-8 Approved of Ordinance 8. Resolution Authorizing Director of Public Works to Make ADOPTED RESOLUTION NO. Application and Execute Permit to B.C.D.C. for Shoreline NO. 8670 - AUTHORIZING Park Improvements - Parcel "A" (Baypoint Lagoon Phase One) DIR. OF PUBLIC WORKS TO (PW) - File 5-1-292 x 9-3-66 MAKE APPLICATION & EXECUTE PERMIT TO B.C.D.C. FOR SHORELINE PARK IMPROVEMENTS - PARCEL "A" (BAYPOINT LAGOON PHASE ONE) 11. Acceptance of Strategic Long Range Plan for Computer report. Automation (FD) - File 4-3-117 13. Claim for Damages: a. Michael Glen Owens (PD) Attorney's Claim No. 3-1-1623 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Shippey of Special meeting.) Accepted Approved City recommendation for denial of Claim a. Cohen, Shippey, Thayer & Mayor Boro (Abstained from approval of Minutes Meeting of May 5, 1992 due to absence from The following items were removed from the Consent Calendar for further discussion: 7. REPORT ON WORK PROGRAM TO ANALYZE RECOMMENDATIONS SUBMITTED BY GERSTLE PARK NEIGHBORHOOD ASSOCIATION (PW) - File 11-1 x 163 x 2-1-11 Mayor Boro stated he sympathized with the Gerstle Park Neighborhood Association's concerns and requested comments from the Council as they went forward with the discussion. Councilmember Cohen agreed that some of the issues in this report may need further study which may have cost and time implications, but he felt it was premature to assume it will cost $10,000 which the City can not possibly afford to do any of the work necessary to resolve this problem. Mr. Cohen stated he would be happy to serve on a committee with the Neighborhood Association to try to identify ways to attack this problem, if not at once. He stated they should look at what they can do instead of what they can not do. SRCC MINUTES (Regular) 6/1/92 Page 2 SRCC MINUTES (Regular) 6/1/92 Page 3 Councilmember Thayer stated she agreed with Councilmember Cohen's ideas. She stated she was disappointed by the staff report because it presented a "Catch-22" to the community by saying they could not move forward until they have traffic studies which the City can not afford now. She suggested there could be some minor changes which could possibly be done without much cost to the City up front. Mrs. Thayer stated she would like to see these items discussed with the City Public Works Director and have the community involved in these discussions. Councilmember Breiner stated she agreed with both Councilmember Cohen and Thayer. Councilmember Shippey noted his surprise at the differences between the two reports, the City's staff report and Mrs. Lollini's 45 page report. He stated they did not look as if they had been written on the same subject. He stated he was willing to volunteer to be on this committee, if they needed another volunteer councilmember. Councilmember Breiner stated she would like to be on the committee, too, and Councilmember Shippey stated he would step aside. Mayor Boro summarized the discussion by stating Councilmembers Cohen and Breiner would serve on this committee and suggested they contact Mrs. Lollini with regard to their already formed traffic committee. He then asked Public Works Director Bernardi to give an explanation of some of the other issues in the staff report which are currently being done now. Public Works Director Bernardi responded that when the recommendations of the Traffic Advisory Committee were referred to his Department for review, they did not have an idea of the extent of the improvements requested by the Neighborhood Association. He stated after an overall analysis of this information and what was currently on the books with regard to the engineering analysis, they determined they needed to start from the beginning with traffic counts and turning movements, and other issues mentioned in the staff report. He stated he had a written proposal from the firm of DKS which he had not sent to the Council yet, looked at the recommendations from the neighborhood, and based on what they submitted, gave an estimate of $10,000 to do the work requested. Mr. Bernardi stated that by doing this in-house, he estimated it would take approximately six months of time, but 21,� months of full-time work by one City staff member. He stated the problem with doing this in-house was there were no out-of-pocket expenses, but it would cost the City some amount of money to do this work. He stated he wanted to make sure the Council was aware of what resources were being devoted to this project, which is why he wrote the staff report in that fashion. He also stated they do not have a Traffic Engineer yet. The position was recently turned down by the second round of applicants and probably will not have another Traffic Engineer for at least another four months. He noted there was one person doing the day-to-day work, as well as the paperwork and the in- house traffic work. Mr. Bernardi stated this staff member is also applying for a grant for the Fuel Efficient Traffic System Management, replacing many traffic signal controllers which are out -dated, is doing a lot of work with regard to the Canal Area Action Plan, he has spent time in the Montecito neighborhood, he has been reviewing a number of EIR's - the traffic elements, working on the Lucas Valley Inter -Change project, and will be involved with the construction management of the Merrydale Overcrossing project which will be starting in about two months. Mr. Bernardi stated he wanted to make sure the Council knew that they did not consider this project unimportant, but because of the time needed to do this Gerstle Park project he wanted the Council to know how it would fit into the "big picture". Mayor Boro asked Mr. Bernardi if it would be a good idea for Mr. Cohen, Mrs. Breiner and Mrs. Lollini to meet with Mr. Bernardi and start to set some priorities to start on the highest priorities and those which might need only a "quick fix" so the project can actually begin. Mayor Boro stated he had done some research and found the sign SRCC MINUTES (Regular) 6/1/92 Page 3 SRCC MINUTES (Regular) 6/1/92 Page 4 the California Highway Patrol uses to gage speed could be used on "D" Street and possibly elsewhere throughout the community. He stated they could do some things to raise people's awareness and some selective Police enforcement, as well, and then get to some of the more critical items. Mr. Bernardi stated he had spoken to Acting Chief Krolak with regard to the CHP radar sign, and found it was allocated a set number of days per month. Acting Chief Krolak stated they were working with CHP to this sign in use here in San Rafael. Mayor Boro stated direction had been given to Mr. Bernardi to check out how this can be done, and Councilmember Cohen and Breiner should work with Mr. Bernardi, with a status report to be brought back to Council with a status of this project and a timeline. Council accepted report. 9. APPROVAL OF $17,440 CONTRACT WITH WILBUR SMITH ASSOCIATES FOR ST. VINCENT'S/SILVEIRA TRAFFIC ANALYSIS (Pl) - File 4-10-265 x 9-2-45 x 11-1 Councilmember Thayer commented with regard to Freitas Parkway, stating she did not know how a traffic study could be done given the fact that there has been no study with regard to alignment of this road between the three jurisdictions who are going to be involved. She stated there has never been a decision between the three jurisdictions, San Rafael, Marin County and Novato, with regard to McGinnis Parkway as far as general direction of this road, the location of exits and the entrance location. She stated she would not like to see money "thrown down the drain" for a study of something which is really problematical. Planning Director Pendoley responded that on Page 2 of Exhibit A there are three alternatives outlined: 1) no work done; 2) keep McGinnis where it is now; and 3) extend McGinnis Parkway to Smith Ranch Road only. He stated they did not have any information yet on extending this parkway to Highway 37. Councilmember Thayer stated she felt that if this was to be done in a piecemeal fashion, how they would get an accurate picture of the traffic flow. Mr. Pendoley stated the model would assume that McGinnis Parkway is not extended to Highway 37, but extended no further than Smith Ranch Road. Mayor Boro stated the question was what could happen to the St. Vincent's/Silveira property potentially with this assumption. Councilmember Thayer suggested this should be viewed within a regional context. Mayor Boro stated they were not looking beyond the City of San Rafael, only to Smith Ranch Road. He stated they were not going to do the next step now. Mr. Pendoley in the first half of the model it would remain as he had described, and the second half, in which they would start to explore alternatives. He stated they did have one alternatives in which they left open the possibility of studying an extension up to Novato. He stated he would have to come back to the Council if they needed more clarification on this point. Mrs. Thayer stated she was concerned because the City would be spending money on a partial traffic study which involves a roadway which will span three jurisdictions. She stated her concern on how this would be done in a piecemeal fashion. Mr. Pendoley stated they were trying to leave room for an alternative. He stated if they looked at Task 4.2 on Page 3 of Exhibit A in the staff report, they stated they would ". . .look at a road connecting St. Vincent's Drive to Silveira Road in order to provide a North/South connection from Smith Ranch to Marin Interchange east of Highway 101". If this does not have an adequate capacity to handle a development scenario developed by the Committee, then they would need to look at an alternative which would extend McGinnis and North. He stated this was review as a remote alternative by this contract, but he was not saying it would absolutely not be studied. Mayor Boro reiterated the whole point was to see if there was potential for development at the St. Vincent/Silveira property. He stated staff was trying to see what they could do within the boarders of San Rafael, using the arterials which they currently have. SRCC MINUTES (Regular) 6/1/92 Page 4 SRCC MINUTES (Regular) 6/1/92 Page 5 Councilmember Breiner asked Mr. Pendoley if this was the first time that extension of North Redwood has been articulated. Mr. Pendoley answer he did not know. Mrs. Breiner stated she was very encouraged with this being explored as a possibililty. She stated she felt they did need more alternative routes to Highway 101, no matter what happens farther North in terms of Hamilton and St. Vincent's at this point. She stated she felt this has value for the City in the long - run, no matter what the City ends up with in terms of development on the project in question. She stated she knew this was not the total picture, but it may be so far in the future that some of these things will be needed. Councilmember Shippey stated that regardless of Mrs. Thayer's position that they would like to see any of extension of this roadway, he thought it would be a good idea to try to get a picture of the theoretical affect on traffic of having these extensions constructed. He stated this would probably be better than what they had now in terms of this resolution to this traffic extension. He asked Mr. Pendoley if when talking about their different options, it will construct a picture with the feeling for the overall pattern and see a type of continuum of adding more through routes. Mr. Pendoley responded that this was probably true. He stated one of the concerns has been does the decision to develop out on the St. Vincent's/Silveira property mean that McGinnis Parkway has to be extended. He stated the other thing given in this study would be to identify some of the thresholds, looking at the need for certain extensions with the number of units built. He stated this would be a way of testing the questions with regard to what is needed per number of units. Councilmember Thayer restated her concern because the McGinnis Parkway project has ramifications beyond the potential development capacity of the St. Vincent's/Silveira property. She stated it has been offered as an alternative to Highway 101 and if the City looks at it from only one side, without looking at the larger picture, it will probably be a very faulty study. She noted it should be a cumulative effort in both directions of Highway 101. Mayor Boro clarified what Councilmember Thayer had said in that they were looking at McGinnis Parkway as an alternative to Highway 101, then the expensive study she talked about was appropriate. However, when evaluating the restraints on St. Vincent's/ Silveira to see what is needed to go forward, can St. Vincent's/Silveira be developed with only a certain portion of the McGinnis Parkway being developed as outlined in the staff report is going beyond this. He stated they were trying to test what the capacity would be at St. Vincent's/Silveira, not the need for the expansion of the road. Councilmember Cohen stated he agreed that an extension of McGinnis Parkway through Novato to Highway 37 is a controversial issue which will need to be studied by three jurisdictions, which will, also, probably be more expensive. He stated that before the City gets involved in a tri -jurisdictional study like this, he would need to know what the impacts on San Rafael would be. He felt this current study being proposed would help make this decision, to be involved in a tri -jurisdictional study of this expansion. Mr. Cohen stated that if they decide that the City does not need any extension on the McGinnis Parkway, there is no point in trying to pull together the City of Novato and County of Marin to study the entire regional impact. Councilmember Cohen moved and Councilmember Breiner seconded, to adopt the Resolution approving the $17,440 contract with Wilbur Smith Associates for St. Vincent's/Silveira traffic analysis. SRCC MINUTES (Regular) 6/1/92 Page 5 SRCC MINUTES (Regular) 6/1/92 Page 6 RESOLUTION NO. 8671 - APPROVING A $17,440 CONTRACT WITH WILBUR SMITH ASSOCIATES TO PROVIDE A TRAFFIC ANALYSIS FOR THE ST. VINCENT'S/SILVEIRA PROPERTY AYES: Boro NOES: ABSENT: COUNCILMEMBERS: Breiner, Cohen, Shippey & Mayor COUNCILMEMBERS: Thayer COUNCILMEMBERS: None 10. APPROVAL OF CONTRACT WITH WILLIAM LISKAMM TO ACT AS A COMPETITION ADVISOR FOR THE ST. VINCENT'S/SILVEIRA STUDY (Pl) - File 4-10-266 Councilmember Thayer stated she had a couple of recommendations with regard to this proposal. She stated that in a conversation with some Marin Conservation League members, they stated their concern that this particular competition in that they felt that it would be totally development oriented, rather than considering suggestions from other segments of the community. She asked to whom this competition would be sent. Mayor Boro referred to Planning Director Pendoley and stated that the MCL (Marin Conservation League) is a member of the St. Vincent's/Silveira Committee. Planning Director Pendoley responded that at the last Committee meeting this was discussed at great length and the Committee made it clear that they want this competition to have several alternatives - at least three alternatives within the competition - and they are very interested in inviting firms and non-profit agencies, such as MCL or the Greenbelt Alliance, etc., to compete under one alternative which would be particularly environmentally sensitive which would put the maximum emphasis on environmental protection. Mr. Pendoley stated that certain firms will be invited to participate in that category only to be sure they get a response. Councilmember Thayer asked if the competitors will be aware of the results of the constraints' analysis before they bid. Mayor Boro stated that over the next three months the Committee will come up with a structure for the bidding and in there will be all the constraints and all the opportunities, and listed according to what is decided tonight. Councilmember Shippey stated he understood from the Committee that it would be viable to get groups other than architectural firms to approach the competition and to focus on environmentally sensitive approaches. He asked Mr. Pendoley if this was a first time to emphasize this as a guideline or criterion, which would make it a little different from anything which has been done before in this type of process. Mr. Pendoley responded he did not know enough about the competitions that have been done to date to know how different this was, but he thought the idea of having several alternatives would be unusual and adding a range of things competing against each other will be unusual. Mr. Shippey stated that the idea of having interest groups other than architectural firms was unusual. Mr. Pendoley agreed with this. Councilmember Shippey moved and Councilmember Thayer seconded, to approve the $7,000 contract with William Liskamm for professional advisory services. RESOLUTION NO. 8672 - APPROVING A $7,000 CONTRACT WITH WILLIAM H. LISKAMM TO PROVIDE COMPETITION ADVISOR SERVICES FOR THE ST. VINCENT'S/SILVEIRA STUDY AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. a. AUTHORIZE EXPENDITURE OF $3,000 FROM FEDERAL DRUG ASSET SEIZURE FUNDS FOR THE PURCHASE AND REPLACEMENT OF EQUIPMENT (PD) - File 9-3- SRCC MINUTES (Regular) 6/1/92 Page 6 SRCC MINUTES (Regular) 6/1/92 Page 7 30 x 13-15 x 4-10-114 b. AUTHORIZE EXPENDITURE OF $70,000 FROM FEDERAL DRUG ASSET SEIZURE FUNDS FOR A SUMMER YOUTH WORK PROGRAM (PD) - File 9-3-30 x 13-15 x 4-10-114 x 9-3-40 Councilmember Thayer stated she thought this was a great idea and a good use of those funds. She suggested they use equal opportunity in this program, with regard to appealing to female teenagers, as well as males. Public Works Director Bernardi stated that they already have this program in place and have hired a number of young girls over the last few years who have worked harder than some of the boys. He stated they were equal opportunity. SRCC MINUTES (Regular) 6/1/92 Page 7 SRCC MINUTES (Regular) 6/1/92 Page 8 Mayor Boro stated that in discussion with the City Manager about this and found that the reason it was before the Council was that normally it is funded within the Public Works' Budget and due to the budget constraints the City will have in 1992/93, the idea to use the Drug Asset Seizure Funds was brought forward. He stated this would also focus on another new group of high risk youngsters. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt Resolutions for both items 12a and 12b as follows: a. RESOLUTION NO. 8673 - AUTHORIZING THE ACTING CHIEF OF POLICE TO SPEND FEDERAL DRUG ASSET SEIZURE FUNDS FOR THE PURCHASE AND REPLACEMENT OF EQUIPMENT ($3,000) b. RESOLUTION NO. 8674 - AUTHORIZING THE ACTING CHIEF OF POLICE TO SPEND FEDERAL DRUG ASSET SEIZURE FUNDS TO FUND A SUMMER YOUTH WORK PROGRAM SUPERVISED BY PUBLIC WORKS DEPARTMENT ($60,000 - $70,000) AYES: Mayor Boro NOES: ABSENT: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & COUNCILMEMBERS: None COUNCILMEMBERS: None 14. PUBLIC HEARING - ED91-16 - APPEAL OF THE PLANNING COMMISSION'S DECISION OF FEBRUARY 25, 1992, REQUIRING THE FACADE TO BE RESTORED TO THE ORIGINAL LEADED TRANSOM WINDOWS; 919 FOURTH STREET, AP #11-263-03; CLARA ORIDE, OWNER AND APPELLANT (Pl) - File 10-7 Mayor Boro stated the Public Hearing was closed, but Council was considering this item for additional information to be provided by staff. Councilmember Shippey asked with regard to the extreme difference in the estimates of $19,000 from the owner and $4,500 from the Planning Department to replace the leaded windows. Planning Director Pendoley stated the Owner's estimate was not received by the Planning Department in writing and was a verbal estimate given at the 5/4/92 Council meeting. He stated the estimate from the Planning Department which was requested by Council was achieved by simply calling a few firms found in the Yellow Pages of the phone book and getting their estimates. Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution denying the Appeal and upholding the Planning Commission's actions. She added that she hoped this type of action on the Council's part would prevent future behaviors similar to this. Mayor Boro stated that part of the motion would be that if the owner fails to comply within 90 days it would be referred back to Council for abatement. RESOLUTION NO. 8675 - DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION REQUIRING THE PROPERTY OWNER TO RESTORE THE TRANSOM FACADE TO THE ORIGINAL LEADED FROSTED GLASS AT 917-919 FOURTH STREET AND ORDERING THE REPLACEMENT OF THE LEADED GLASS TRANSOM WINDOWS PURSUANT TO THE ORIGINAL CONDITIONS OF APPROVAL OF ED86-71, AP #11-263-08 (within 90 days or be referred back to Council for abatement) AYES: Mayor Boro NOES: ABSENT: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & COUNCILMEMBERS: None COUNCILMEMBERS: None 15. PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY OF SAN RAFAEL DELETING CHAPTER 10.28, "BILLIARD ROOM AND POOL HALLS" IN ITS ENTIRETY FROM THE MUNICIPAL CODE (Pl) - File 13-8 x 1-5 SRCC MINUTES (Regular) 6/1/92 SRCC MINUTES (Regular) 6/1/92 Page 9 Mayor Boro declared the Public Hearing opened. Planning Director Pendoley gave a brief explanation of the Ordinance, stating Chapter 10.28 of the Municipal Code requires a special permit for billiard halls, with the same requirement in the Zoning Ordinance, except that the Standards in Chapter 10.28 state there cannot be billiard tables on the second floor of a building. He stated they have to be visible from the outside. He noted the Police Department, after discussion with the Planning Department, felt there was no need for this kind of provision, as well as Chapter 10.28. They were satisfied with the Zoning Ordinance which allows the Department to review these on a case-by-case basis. SRCC MINUTES (Regular) 6/1/92 Page 9 SRCC MINUTES (Regular) 6/1/92 Page 10 Mr. Pendoley stated this question was brought up to the Council because the City has had a very good proposal for a billiard hall downtown at 1300 Fourth Street. He stated this appeared to be a very up -scale operation and, according to other similar operations in the Bay Area, they attract a very good of crowd for the downtown area. Mayor Boro clarified a portion of the staff report where the Planning Commission stated that in light of the fact this is currently being contained in the Zoning Ordinance, that a use permit would be required for each use and would be reviewed on a case-by-case basis. Mr. Pendoley responded affirmatively. Councilmember Breiner stated her concern about the hours of operation of the billiard hall, mainly closing at 2:00 A.M., in that there are affordable housing units within the vicinity and wanted to be assured that control of the hours would come back to the Council if there were any complaints. Mr. Pendoley stated the Planning Commission and Police Department raised the same issue, the concern about noise. He stated for this reason, this permit has to be reviewed after the first six months of operation and a condition of the permit is that the Chief of Police may call it up for public hearing at the Planning Commission at any time. Mayor Boro asked for any responses from the audience, with no response. Mayor Boro closed the Public Hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL DELETING CHAPTER 10.28, 'BILLIARD ROOMS AND POOL ROOMS,' FROM THE MUNICIPAL CODE" Councilmember Shippey asked Mr. Pendoley if there was any age restriction anywhere in either Ordinance on use of the pool hall. Mr. Pendoley responded negatively, however, in the Use Permit there is an age limit and people under 18 years old are not allowed in the room during school hours. Councilmember Breiner moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Ordinance No. 1618 to print by the following vote, to wit: AYES: Mayor Boro NOES: ABSENT: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & COUNCILMEMBERS: None COUNCILMEMBERS: None 16. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 2 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD CHAPTER 2.37 - PENALTIES FOR VIOLATIONS FOR ENFORCEMENT OF ZONING, LAND USE AND OTHER VIOLATIONS OF THIS CODE (PW) - File 13-8 x 10-3 x 10-6 x 9-3-32 x 9-3-40 Mayor Boro declared the Public Hearing opened. Public Works Director Bernardi explained the purpose of this Ordinance was to follow-up the Ordinances that were previously adopted by the City Council which gave staff enforcement power for the various zoning and land use issues that come before the City from time to time. He stated this particular Ordinance sets forth penalties for violation of those Ordinances and he recommended passing the Ordinance to print. Councilmember Thayer stated she had feedback from the North San Rafael Coalition indicating they are very much in favor of this particular Ordinance. She stated that in the past, there are zoning violations which have been very difficult to follow-up on and to punish, even when they were done intentionally. She stated she was happy to see this, as well as the Neighborhood Association. There being no further input, the Public Hearing was closed. Mayor Boro stated the maximum fine was $500.00 and asked Mr. Bernardi SRCC MINUTES (Regular) 6/1/92 Page 10 SRCC MINUTES (Regular) 6/1/92 Page 11 why they did not put in a progressive fine, i.e., a specific amount per day vs. a flat fine. Mr. Bernardi stated the bail schedule was not part of the Ordinance. He stated this would go out to a trio of judges that review bails for various jurisdictions. Mr. Bernardi explained the bail schedule: 1) $50.00; 2) $100.00; and, if it occurs on the third consecutive day, 3) $150.00; and the last step 4) $500.00. Councilmember Breiner suggested this should be publicized possibly through the newspapers, to give the public a chance to comply with the law. SRCC MINUTES (Regular) 6/1/92 Page 11 SRCC MINUTES (Regular) 6/1/92 Page 12 The title of the Ordinance was read: "ORDINANCE AMENDING TITLE 2 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD CHAPTER 2.37 - PENALTIES FOR VIOLATIONS FOR ENFORCEMENT OF ZONING, LAND USE AND OTHER VIOLATIONS OF THIS CODE" Councilmember Breiner moved and Councilmember Shippey seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1619 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PRESENTATION AND REPORT FROM COUNCIL FORMED TASK FORCE ON WILDLAND URBAN INTERMIX THREAT ANALYSIS (FD) - File 13-5 x 9-3-31 x 1-6-4 Mayor Boro announced that Fire Chief Marcucci had an accident this weekend and would be unable to present this item. He stated it will be rescheduled, possibly for the next Council meeting on July 6, 1992. 18. APPROVAL OF COMPOSITION OF COMMITTEE AND TIMELINE RE DESIGN OF BOYD COURT 31 -UNIT CONDOMINIUM PROJECT (Pl) - File 5-1-322 x 10-7 Mayor Boro stated the staff report was self-explanatory. He stated the Planning Commission has already appointed two people, and noted he wanted to appoint, with the approval of the Council, himself and Councilmember Cohen. He asked Planning Director Pendoley if the Design Review Board had acted yet. Mr. Pendoley answered they had not, but they would be meeting tomorrow, Tuesday, June 2, 1992. Mayor Boro stated Mr. Pendoley had recommended Lionel Ashcroft as a representative of the Cultural Affairs Commission, and suggested the Council might want to consider this. He also stated this would make up a total of nine (9) on the Committee. Mayor Boro asked Council for opinions on the representatives from the area. He stated Council had received one letter tonight from Dan Southard indicating his interest in wanting to serve. Councilmember Breiner asked with regard to the statement, "Interest letters from other residents are attached" on Page 2 in the staff report, that there were none attached. Mr. Pendoley stated that was a mistake, because he thought they had received letters, but had not. Councilmember Cohen stated he had received a letter of interest and he suggested Emil St. Augustine who is a resident of the neighborhood and one of the signers of the Appeal, to be an area representative. He also supported staff's suggestion that Dr. Scher be asked to serve on this committee. He stated he felt the Council's and Planning Commission's support for affordable housing has been well expressed and will be well represented. Councilmember Thayer moved and Councilmember Shippey seconded, to approve the work program and the composition of the Committee, which includes Option 1 in the staff report including Lionel Ashcroft as a member of this committee. Mayor Boro asked Mr. Pendoley to contact Mr. Southard and tell him he has not been selected for this committee, but we will apprise him of when the workshops will be held which will be public meetings. Chris Craiker, Architect for the project, stated he had no argument with the way the committee was being made up, but felt the two other people who have volunteered to be on the committee should be considered to keep the balance in the committee right. He indicated there were other people in the area who are not against this project and he felt they should have representation, too. Mayor Boro stated there were seven people representing agencies of the SRCC MINUTES (Regular) 6/1/92 Page 12 SRCC MINUTES (Regular) 6/1/92 Page 13 City - Planning Commission, Public Works, Cultural Affairs, Design Review and City Council. He stated that, hopefully, with those individuals plus the two from the public at large, there should be a good balance of opinion there. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 6/1/92 Page 13 SRCC MINUTES (Regular) 6/1/92 Page 14 19. VERBAL REPORT ON STRUCTURAL EVALUATION OF LIBRARY (PW) - File 9-3-61 x 9-3-40 Public Works Director Bernardi stated they did not have a staff report for the meeting because information was developing as late as 5:00 PM this afternoon. He stated that when this was brought to the Special Meeting of May 14, 1992, the City Council gave his staff some charges to bring back information to this meeting with regard to the temporary structural repairs to brace the building, and analyze this in terms of cost and how quickly it could be accomplished, and whether or not this would make it feasible to reopen the Library during the time that the permanent repairs were being designed and implemented. He stated they were to compare this information with available rental space in the downtown area, which was preferable to some other area. He stated during the last week his staff had been very busy looking for available spaces, noting they looked at four different locations in the downtown. He stated Library Director Stratford would be giving them a description of these spaces. Mr. Bernardi stated he thought the preferred space will be the "E" Street School building in the old gymnasium. Mr. Bernardi stated he would be dealing with the temporary bracing issue. He stated that he and City Manager Nicolai met with Harold Engle on the emergency seismic bracing. He stated Mr. Engle had developed a couple of options, one of which was termed "minimum temporary bracing" and which was estimated at $100,000. The other option was "maximum temporary bracing" and would cost approximately $170,000. He stated about one-half of the cost of the second option could be salvaged in permanent repair of the structure so that all that would be built with the temporary bracing would not be thrown away. He explained the City would probably save approximately $50,000 to $75,000 and be able to utilize this in the permanent repair process. He explained temporary bracing provides enough reinforcement in the building to anchor both ends of the building which would then allow the building to be reopened. He stated for either option, the maximum timeline would probably be four one-half to five months to fully implement and get in place. Mr. Bernardi stated the maximum deals with providing an interim bracing between both ends of the building at two separate locations. He stated there would be a triangular shaped brace coming out of the building onto Mission Avenue, but it will not extend out into the right-of-way, but there will be some large triangular towers adjacent to the Library. Mr. Bernardi stated he was recommending only the minimum bracing at this time, depending on the information regarding rental space available. (City Manager Nicolai arrived at the meeting.) City Manager Nicolai stated they have been spending a lot of time during the last four days in attempting to locate a building which could be used for a temporary library site. She stated her concern with regard to the triangular braces which would be used in the maximum bracing option. She recommended against doing the temporary bracing at this time. She understood that if this could be done quickly, the Library could be kept open during this construction time. She stated they looked into portable buildings which could be placed on City property and compared this cost to some of the sites in the downtown area which might be rentable along with the temporary bracing alternative. She stated there were a couple of issues which were critical in this evaluation: 1) Handicapped accessibility, and 2) whether the floor load can accommodate shelves and the weight of books. She stated their recommendation at this time was to rent a temporary site, and they were looking at one which might be appropriate. She noted there were some minor details which needed to be worked out. Another alternative they were looking at was adding a new entrance to the old building, in front of the Carnegie Building. She stated there were some definite problems involved in this. Ms. Nicolai stated that a move, either into a portable or rental site, would cost approximately $20,000, both the move out and the move back SRCC MINUTES (Regular) 6/1/92 Page 14 SRCC MINUTES (Regular) 6/1/92 Page 15 in because it requires a lot of work moving the books and tearing down shelves. Ms. Nicolai discussed the funding of this. She stated that because the main library building will not be used for at least eight months, there should be a savings of utilities, as well as the reduced staff during this time. She stated that the site they were considering does not have as much space and will, therefore, be less costly. Ms. Nicolai stated they have not been able to get the movers' estimates in a timely manner and she was not able to give any information on that. SRCC MINUTES (Regular) 6/1/92 Page 15 SRCC MINUTES (Regular) 6/1/92 Page 16 Mayor Boro commended Ms. Nicolai and Mr. Stratford, along with his staff, for the work they have done within the last few days in looking at various sites and getting this information together. Councilmember Shippey asked Ms. Nicolai since they did not have a lease signed yet, could she give them a time estimate of how long it will take to move into a temporary facility. Ms. Nicolai stated there were some things which needed to be done before they can move into this site, noting that between 2 to 3 weeks the move could probably be done. Mr. Shippey asked if a structural engineer had looked at the new temporary location and Mr. Bernardi answered affirmatively and that it was the same engineer being used in the Library itself. Mr. Shippey asked when Council could get something to review with regard to the permanent fix to the Carnegie building. Mr. Bernardi estimated six weeks. Councilmember Cohen stated his concern that this work would be done in an architecturally desirable manner, noting it would be worth the time taken to do this right. Ms. Nicolai stated that the other six they originally talked about would not entail any exterior change in the appearance. The only exterior change would be putting the bracing on if done in a temporary way. She said this does not compare with leasing space in the interim. Mayor Boro stated this was not a Public Hearing, but invited the public to talk to the Council with any questions. Joseph Strickler, a 37 -year resident of San Rafael, stated his concern with regard to the Reference Section of the Library. He asked when and how much of the Section would be moved. He stated he was a practicing accountant and needed this Section to do his work. Library Director Stratford explained they were planning to move a small part of the Reference Section, with the Business area a primary component of this. Robert Neuhouse, a 45 -year resident of San Rafael, asked why it took so long to discover this problem when the large earthquake was in 1989? Mayor Boro responded that the Architect who designed the addition to the Library which was built in the late 1950's happened to be in the Library about a month ago and happened to notice some cracks in the ceiling. He explained once these were found, they brought a structural engineer in to look at the problem. Mr. Bernardi stated they went through the building and there was nothing obvious, based on their physical inspection of the building. He explained that the cracks which are occurring are not related to any earthquake, but were related to how the building was constructed. He explained that the roof beams were pre -cast at a factory and brought in to the site with post -tensioning in them. He stated what happens over time was they tend to shrink and because of that compression in the beam tends to tear it apart. He stated what is occurring is because of the length of time these beams have been here as opposed to an earthquake. Mr. Neuhouse then asked about the possibility of using warning signs on these buildings. Councilmember Breiner stated they did not want to put the employees working in the building at risk. Ms. Nicolai stated this has been done with buildings downtown that are unreinforced masonry. She stated in those buildings it can be the judgment of the property owner, but in this instance a structural engineer has stated that the structural problems with this particular building are more hazardous than the unreinforced masonry building, in that the whole building could collapse. She stated the engineers were very clear that the earthquake would have to be very significant and the epicenter would have to be quite close. Mayor Boro stated they had a verbal report, and asked Ms. Nicolai to come back to the Council in two weeks for the next meeting, June 15, 1992, with the specifics on the potential lease and asked for a SRCC MINUTES (Regular) 6/1/92 Page 16 SRCC MINUTES (Regular) 6/1/92 Page 17 procedure for this during the interim. Ms. Nicolai asked for authorization to negotiate the pending lease and proceed with making arrangements for the move. Councilmember Cohen stated he wanted to go on record stating he opposed an unnecessary special meeting on this subject. He also stated his concern for the portion of the Children's Library which will be moved to the temporary location. Councilmember Shippey stated his concern also, with regard to the Children's Library. Councilmember Cohen moved and Councilmember Shippey seconded, to 1) Authorize the City Manager to sign a lease for a temporary building to move part of the Library during the renovation, when an acceptable building is found, and 2) To close the Library until the permanent work has been completed, with an appropriate timeframe of eight months, and to return to Council with a report in two weeks at the June 15, 1992 meeting. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. STATUS REPORT ON WEST FRANCISCO STORM DRAINAGE MASTER PLAN (PW) - File 12-9 x 9-3-40 Public Works Director Bernardi brought the Council up to date on what has been accomplished in the last three or four years. He stated they have been working closely with CalTrans on this project, in that CalTrans will be paying most of the bill for this. He stated they would continue to update Council as the project progresses. Councilmember Shippey asked where the list of alternatives was from which this was selected in terms of who was better qualified for this project. Mr. Bernardi stated this had a double benefit of not only being the best alternative, but they are also paying for it. Mr. Bernardi stated that in the Bret Harte Preliminary Drainage Report a number of alternatives were listed from Plan "A" to "D2", with their varying prices. Councilmember Thayer asked if the recommended Plan "D2" would be less susceptible on the subsidence which they had problems with prior to this time. Mr. Bernardi stated it will be designed with subsidence in mind so that the system will be deep enough at the onset to take care of any projected settlements of the upstream system in the future, which should resolve any problems. Councilmember Breiner asked Mr. Bernardi if the unsightly pump near the harbor center would be demolished if they go forward with this plan. Mr. Bernardi responded that it would not go away completely, but can be greatly reduced. Mrs. Breiner asked for assurance from Mr. Bernardi that the new pump station will be better looking. Councilmember Shippey moved and Councilmember Thayer seconded, to accept the status report. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22 SAN RAFAEL HOMELESS AREA TASK FORCE REPORT TO CITY COUNCIL (CM) - File 13-16 (Taken out of order per Mayor Boro's request.) City Manager Nicolai stated Councilmember Breiner and Assistant City Manager Golt are on the Task Force. She requested Council accept their report tonight and refer it back to her Department because Ms. Golt is on vacation this week and she, herself, has not had the chance SRCC MINUTES (Regular) 6/1/92 Page 17 SRCC MINUTES (Regular) 6/1/92 Page 18 to pull all the information together due to the emergency Library problem. She stated she talked with Mr. Dan Paicopulos who would like to present the Task Force report tonight. Councilmember Breiner commended the Committee on their leadership, hard work and good attendance. She stated the community comments were listened to and heeded and she felt this was one of the best committees she has served on. Dan Paicopulos, Co -Chair of the San Rafael Task Force on Homelessness, gave a brief explanation of the origin of the Task Force. He stated they were formed with the support of the Homeless Commission, as has Novato. He stated they were to implement the recommendations of the Blue Ribbon Committee on Homelessness. He stated the recommendations made tonight were only for the San Rafael area. He stated the Task Force was formed from a true cross-section of the neighbors in the community, which is why it worked so well. This included private citizens, members of the business community, members of the Homelessness Commission, Councilmember Breiner, service providers and neighborhood associations. He stated there were approximately 10 meetings over a period of six months between October and April. There was a large participation with people who voiced their concerns, and yet supported the Task Force very well. He stated the committee tried to incorporate all of the concerns into the committee's recommendations. Mr. Paicopulos stated they recognized they have done a poor job in the other committees, in terms of outreach and education. So the committee went to these groups, including the Chamber of Commerce and the Downtown Merchants' Association. Mr. Paicopulos stated at the conclusion, they came up with the same response and they were proud of the leadership shown in San Rafael with this issue, far more than anyone else in this matter, and they are also first to bring implemental recommendations to a council. He stated they primarily tried to minimize the impact on any one neighborhood and share the opportunity throughout the community. He stated their recommendations relied on the existing resources and the expansion of these existing resources, rather than suggest the creation of another large facility in this County, and they felt they could expand and minimize the impact of existing facilities. He stated the committee was urging a faster timeframe due to the fact that funds are needed. Winter is coming, this process has been going on for 7-8 months and it is time to let the homeless people and service providers know that they are ready to take some action. He asked for action on two things: 1) Acknowledge the dedicated and committed work that the Task Force performed; and 2) Act on the creation of a Homeless Advisory Board. He stated that with regard to the misunderstanding regarding the "Day Services" piece, City employees will not have to park on the existing vacant P.G.& E. lot. He stated this was not true. Bob Blumnfeld, Co -Chair of the San Rafael Task Force on Homelessness, briefly stated there is currently a feeling of "urgency" from both the community and the homeless. The businesses have this same urgency in that the homeless are in front of their stores and it is hurting this community. He urged the Council to speed the process and give a concrete signal to the rest of the County that there are actions which can help the situation. Bruce Raful, representative of the Task Force working on the Day Service Center, stated his job for this was to find the real estate for the Center. He stated he felt it was critical that the Council recognized the sub -committee to locate a site for the Job Service Center spent a great deal of time walking and driving around town looking for the right site for this. He also stated it was critical not to understate the work that Councilmember Breiner did on the Committee. He also commended Ms. Nicolai and Mr. Pendoley for sending Ms. Golt and Ms. Jackson to assist them. He stated they were very helpful. Kathleen Magnuson, Canal Area Business and Property Owners' Association, stated they represented 1,400 property and business owners in the Canal area. She stated they sent a survey out SRCC MINUTES (Regular) 6/1/92 Page 18 SRCC MINUTES (Regular) 6/1/92 Page 19 approximately one month ago asking about many problems they are facing now. She stated 770 of the respondents indicated they did not want a homeless shelter in the Canal. She indicated that in the General Plan of May, 1990, there is a section which states, "the size and number of facilities located in East San Rafael shall be limited to serve the neighborhood needs only". She stated that the Canal area did not have a homeless problem at this time, but did have crime and density problems. She stated their concern was that this increase from 30 beds to 40 beds is going to act as a magnet for more homeless people to go there. She felt it would not be a temporary but a permanent facility 24 hours a day. She stated that with regard to the other problems in the Canal area, they are concerned about the increased facility in the Canal. Mayor Boro stated he felt the staff report should include any problems or complaints they have had from previous facilities to help determine the possible problems or lack thereof. Ms. Nicolai stated the expansions should not be voted on tonight because they need to go through a use permit process. Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, stated their Executive Committee did look at the proposal and is very supportive of it. She stated they wanted to commend the Task Force for its hard work and sensitivity to the community's concerns and lent their support to this effort. Mayor Boro stated his pleasure on the work and effort made by this Task Force and that San Rafael is so far ahead and he agreed with the City Manager that the rest of the activities should go through the normal use permit process. He stated, in his opinion, the strongest thing needed in this City is the Day Service Center to offer the homeless people shelter during the day and at the same time should diffuse some of the problems occurring in the Downtown with them. Councilmember Breiner moved and Councilmember Cohen seconded, to give approval for Item #5 for the Homeless Advisory Board. She stated this group would act as an Ombudsman and would not require City staff attendance, and this would be very helpful to the leaders of the Task Force in achieving the next step. SRCC MINUTES (Regular) 6/1/92 Page 19 SRCC MINUTES (Regular) 6/1/92 Page 20 Mayor Boro summarized this by stating the Council will get a report back discussing the six options in the report and what needs to happen, and then advertise to determine who will serve on this Advisory Committee. He then stated they would look to the providers to come up with applications to the City so the Council could begin the process to implement these recommendations. Ms. Nicolai asked with regard to their recommendation about the seven members and the representation, did the Council agree with the way the Task Force has recommended it be made up. Mayor Boro responded affirmatively. Councilmember Thayer asked with regard to the seven member committee, if it would include the various churches in the area who have been concerned about the homeless situation. She then commended everyone who has served on the Committee, in that it was a very difficult committee to serve on, and commended both Mayor Boro and Councilmember Breiner for her outstanding work. Councilmember Cohen agreed that Item #5 should be expedited because it does preclude several of the other items and should be in place before the Day Service Center can be pursued, if they accepted the proposal. He stated he would like to see staff move as quickly as possible to implement this recommendation and identify what committees are to be made up and ask for applications. He asked if this could be done within the next two weeks. Ms. Nicolai stated her recommendation was to include the neighborhoods in the general area, so they could monitor the actual implementation. Mayor Boro stated the new entity, The Federation of San Rafael Neighborhoods, could provide representatives to this group. Councilmember Shippey agreed with this. He wanted to clarify that Council was only voting tonight on accepting the report in concept and, specifically, the Homeless Advisory Board composition. He stated they will not be voting on any additional or increased homeless facilities. Mayor Boro stated this was correct. Mayor Boro stated the staff will come back to Council with a process for them as to how this might happen. The providers will then initiate this and go through the process. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen then moved and Councilmember Shippey seconded, to give Resolutions of Commendation to the members of this Committee for their hard work on this project. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. REPORT ON COUNTYWIDE TRAFFIC MITIGATION FEE PROGRAM (CM) - File 191- A x 11-1 x 10-2 Mayor Boro introduced Farhad Mansourian, County Public Works Department, as the speaker for this item. Farhad Mansourian, Deputy Director of County Public Works, in his capacity as Manager of the Congestion Management Program, introduced Mr. Bill Dietrich as the principal owner of DKS, a traffic engineering firm who has been retained by the Congestion Management Agency to assist with this program. Mr. Mansourian gave a brief summary of the proposed Traffic Fee Ordinance. He stated the concept of this is to be able to come up with an adequate share of the ability to improve Highway 101. He stated they were still working on this Ordinance and were not in entire agreement on this yet. SRCC MINUTES (Regular) 6/1/92 Page 20 SRCC MINUTES (Regular) 6/1/92 Page 21 Mr. Mansourian then gave a brief summary of the Ordinance and the Administrative fees involved in this report. He stated this was not a final product. Councilmember Breiner asked for clarification on the statements that there was no exemption for public entities, no credit if a company relocates, and no provision for exempting nonprofit, and she asked what the fourth item was. Mr. Mansourian responded that originally there was no credit for affordable housing, but they did include this within these items. Mrs. Breiner stated she believed public entities should have access to exemptions and, if a company relocates, this should be worthy of a credit. SRCC MINUTES (Regular) 6/1/92 Page 21 SRCC MINUTES (Regular) 6/1/92 Page 22 Mrs. Breiner asked with regard to Page 5, under "Expiration of Building Permits", that there should be more time given to submit an application for a refund of the impact fee instead of the 30 days given in this Code. She stated her concern about the fairness of the issue in the same paragraph where any exemption of credit has to be requested by the fee payer. She stated there should not need to be two fees paid when an individual purchases property with an approved development plan which has some credit due. Mr. Mansourian responded they were trying to keep the administrative part of this to the absolute minimum. Mrs. Breiner clarified that Mr. Mansourian was saying the fee payer might not be the same person. He answered affirmatively. Mrs. Breiner stated the original wording in this was misleading and should be corrected. Mrs. Breiner then stated with regard to Page 8, "Change of Use", something needed to be said about establishing a base. She stated her concern was that the fee was based on the square footage and whether or not it is an office or warehouse structure. Mayor Boro summarized this by saying past experience has been that when someone comes in initially as a warehouse, which rates smaller traffic, and they pay a certain fee, and then it is converted to an office, this would generate more traffic. He asked Mr. Mansourian what they would plan to do about this. Mr. Mansourian responded that when you go from a lower traffic generator to a higher one, then an additional fee will be required. Mrs. Breiner stated her concern was with the third generation in this building having to pay a fee, too. Mr. Mansourian stated the third generation would not need to pay a fee. Mrs. Breiner stated they needed to elaborate on this and change the paragraph for more clarity. Councilmember Shippey stated he was surprised that they did not have more staff report on this item, along with staff reaction to this report. Mayor Boro stated this was the first draft of this without action tonight in support or no support. He stated this was just an overview of what was currently being proposed. He stated that at some point this would then come back to Council asking for an approval, and at that point the City's staff would go further. Mr. Bernardi answered affirmatively. He stated this is the first draft to elicit comments from Council to go forward to the other entities. Councilmember Shippey stated he would like to see how the traffic mitigation fees here would interplay with the current fees for the City. He also stated that for the exempted groups which were proposed, he was not sure he understood the rationale behind a relocating business. Mayor Boro explained his understanding was, when the term "relocation" is being used, it is when the relocated firm goes to a new piece of ground which is to be developed - in which case there would be no exemption. However, if it was going from Building A to Building B, there would be no fees paid. In summary, Mayor Boro stated it was on new development, where there is a relocation involved, that there be no exemption. He stated, in answer to Councilmember Breiner's question, this is in addition to the City's fees. Mr. Bernardi stated the City's Traffic Mitigation Fees are now approximately $2,700 per PM peak trip; this would have to be added to these numbers. Councilmember Cohen asked if the Mayor was going to allow comment from the audience. Mayor Boro answered affirmatively. Mr. Cohen asked for more clarification on building permits. He stated a concern about the way the application reads that it needs to be submitted within 30 days of the expiration of the permit. He stated he agreed with Councilmember Breiner that this was a very short period of time. He stated his concern about the statement, "Any exemption of credit no so requested at the time of reapplication shall be deemed waived by the fee payer". Her stated he would like to see some language in there where the fee payer explicitly waives their right to get that credit. He stated they should not be penalized for this and should be made aware of this credit. Mr. Cohen stated his concern about affordable housing. He stated SRCC MINUTES (Regular) 6/1/92 Page 22 SRCC MINUTES (Regular) 6/1/92 Page 23 affordable housing is very desirable in Marin County to balance out the job creation in process and will eventually help reduce traffic congestion on Highway 101. He stated he would like to see a broader definition of affordable housing. He stated this is very difficult to achieve at this time when funding is very difficult to get. He stated he would like to see a goal to support projects that are 1000 affordable and 30% affordable to low income, but these are not coming along. Mayor Boro agreed with the comment that the fees are high now, and if a certain portion of the $510 million is expected to come from Redevelopment, the shift is going somewhere. SRCC MINUTES (Regular) 6/1/92 Page 23 SRCC MINUTES (Regular) 6/1/92 Page 24 Councilmember Thayer asked if the fee for a single family detached dwelling of $5,409.36, was just for improvements along the 101 Corridor. Mr. Mansourian answered affirmatively. Mrs. Thayer asked whether the City's fee would be about 700 PM peak trips added on to that, would make it a substantial cost. She also asked about the disparity between the impact fees for San Rafael and Novato and/or other jurisdictions. Mr. Mansourian answered by explaining how the table was derived. Councilmember Thayer asked with regard to Page 7, why the impact for nonresidential is based on growth for area, not leasable for area which contributes to congestion. Mr. Mansourian responded that the rationale for this was to lower the fees and go with the growth so nobody could argue about this. He stated this whole thing is based on what the General Plan would allow. Councilmember Breiner suggested the committee discuss this with the Housing Authority to get their comments. Mr. Mansourian stated the Housing Authority did not attend any hearings on this, even though they were noticed every time. Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, stated the Technical Advisory Committee Mr. Mansourian referred to has not yet bought off on this particular plan and will not see it until Friday, and the Congestion Management Committee will not review it until the end of June. She stated she did not understand why it is coming up at this time. Mayor Boro responded that this was just a preliminary familiarization with what is happening, and after the Congestion Management Committee hears the plan, Council will need to be brought up to date to instruct the Mayor on how to vote on this Committee. Mrs. Giambastiani stated this would have a very prohibitive effect on getting new businesses into downtown and keeping the current ones here. She stated AutoDesk will pay $5.2 million and Home Depot will have a mitigation fee of $1,800,000. She also included Sunrise Interiors at $246,000, Honda dealership, and Kaiser will pay almost $1 million. She stated this will stop any development in the City and new development will not be able to bear the cost of this. Mayor Boro stated, based on congestion management, if the improvements are not scheduled to go, there will be no development. He stated they needed to improve the highway congestion problem and, at the same time, look for reasonable growth to happen. Councilmember Breiner asked what other communities in Marin County have Traffic Mitigation Fees at this point. Mr. Mansourian responded Novato, Larkspur, and Mill Valley, as well as San Rafael. She asked about the potential of extending Redwood Highway to relieve the amount of traffic on Highway 101. She asked if this was included for the community to make some trade-offs on this issue. Mr. Mansourian answered affirmatively. Councilmember Cohen stated he felt they needed to proceed cautiously. He suggested taking Mrs. Giambastiani's comments very seriously with regard to the effect on the downtown businesses. He also stated if other counties do not accept this an Marin County does, businesses will be moving out of Marin County. Mayor Boro agreed with Councilmember Cohen's comments and asked Mr. Bernardi to bring back a more complete report on all aspects of the $510 million to the Council. Councilmember Breiner stated her concern over the costs and the effects pointed out by Mrs. Giambastiani. She asked about the possibility of doing an assessment district or something similar. Mr. Mansourian responded this was another possibility in lieu of a sales tax hike. Mr. Bernardi clarified by stating in some areas of San Rafael, where new development has occurred, assessment districts have been formed to construct local improvements. He stated this could be looked at, but he was not sure an assessment district is the right vehicle to do this. Mayor Boro stated the other reality was that SRCC MINUTES (Regular) 6/1/92 Page 24 SRCC MINUTES (Regular) 6/1/92 Page 25 there are nine counties in the Bay Area, seven of which have enacted a sales tax to address this issue, and Marin and Sonoma are the only two who have not. Mayor Boro summarized to Mr. Bernardi that when this is brought back to the Council, all aspects should have been looked at and included to assist Council in making a decision on this issue. SRCC MINUTES (Regular) 6/1/92 Page 25 SRCC MINUTES (Regular) 6/1/92 Page 26 23. CITY COUNCIL REPORTS a. MARIN MUNICIPAL WATER DISTRICT MEETING - File 151 Councilmember Breiner stated there will be a Water Supply Workshop put on by the MMWD on Thursday, June 4, 1992 in the evening, and asked if anyone from the Council would be attending. City Manager Nicolai stated the Water District was interested in a Councilmember attending. Mayor Boro stated he and Principal Planner Hasser would attend. b. MEETING ON AB939, HAZARDOUS WASTE MANAGEMENT, THURSDAY MORNING, JUNE 24, 1992 - File 13-2 Mayor Boro commented on the importance of San Rafael taking the lead in the County for Hazardous Waste Management and stated Councilmember Thayer will be attending a meeting on this issue Thursday morning, June 4, 1992. There being no further business, the meeting was adjourned at 10:30 PM. JEANNE M. LEONCINI, City Clerk SUZANNE M. DRAKE, Deputy City Clerk APPROVED THIS DAY OF 1992 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 6/1/92 Page 26